RIGHTS AND ADVOCACY.

SEC. 408. RIGHTS AND ADVOCACY. (a) Conforming Amendments to Rights and Advocacy Provisions.— (1) Employment.— Section 501 (29 U.S.C. 791) is amended— (A) in the third sentence of subsection (a), by striking “President’s Committees on Employment of the Handicapped” and inserting “President’s Committees on Employment of People With Disabilities”; and (B) in subsection (e), by striking “individualized written rehabilitation program” and inserting “individualized plan for employment”. (2) Access board.— Section 502 (29 U.S.C. 792) is amended— (A) in subsection (a)(1), in the sentence following subparagraph (B), by striking “Chairperson” and inserting “chairperson”; (B) in subsection (b)— (i) in paragraph (2), by striking “guidelines” and inserting “information”; (ii) by striking paragraph (3) and inserting the following: “(3) establish and maintain— “(A) minimum guidelines and requirements for the standards issued pursuant to the Act commonly known as the Architectural Barriers Act of 1968; “(B) minimum guidelines and requirements for the standards issued pursuant to titles II and III of the Americans with Disabilities Act of 1990; “(C) guidelines for accessibility of telecommunications equipment and customer premises equipment under section 255 of the Telecommunications Act of 1934 (47 U.S.C. 255); and “(D) standards for accessible electronic and information technology under section 508;”; (iii) in paragraph (9), by striking “; and” and inserting a semicolon; (iv) in paragraph (10), by striking the period and inserting “; and”; and (v) by adding at the end the following: 112 STAT. 1203 “(11) carry out the responsibilities specified for the Access Board in section 508.”; (C) in subsection (d)(1), by striking “procedures under this section” and inserting “procedures under this subsection”; (D) in subsection (g)(2), by striking “Committee on Education and Labor” and inserting “Committee on Education and the Workforce”; (E) in subsection (h)(2)(A), by striking “paragraphs (5) and (7)” and inserting “paragraphs (2) and (4)”; and (F) in subsection (i), by striking “fiscal years 1993 through 1997” and inserting “fiscal years 1999 through 2003”. (3) Federal grants and contracts.— Section 504(a) (29 U.S.C. 794(a)) is amended in the first sentence by striking “section 7(8)” and inserting “section 7(20)”. (4) Secretarial responsibilities.— Section 506(a) (29 U.S.C. 794b(a)) is amended— (A) by striking the second sentence and inserting the following: “Any concurrence of the Access Board under paragraph (2) shall reflect its consideration of cost studies carried out by States.”; and (B) in the second sentence of subsection (c), by striking “provided under this paragraph” and inserting “provided under this subsection”. (b) Electronic and Information Technology Regulations.— Section 508 (29 U.S.C. 794d) is amended to read as follows: “SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY. “(a) Requirements for Federal Departments and Agencies.— “(1) Accessibility.— “(A) Development, procurement, maintenance, or use of electronic and information technology.— When developing, procuring, maintaining, or using electronic and information technology, each Federal department or agency, including the United States Postal Service, shall ensure, unless an undue burden would be imposed on the department or agency, that the electronic and information technology allows, regardless of the type of medium of the technology— “(i) individuals with disabilities who are Federal employees to have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not individuals with disabilities; and “(ii) individuals with disabilities who are members of the public seeking information or services from a Federal department or agency to have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not individuals with disabilities. “(B) Alternative means efforts.— When development, procurement, maintenance, or use of electronic and information technology that meets the standards published by the Access Board under paragraph (2) would impose 112 STAT. 1204an undue burden, the Federal department or agency shall provide individuals with disabilities covered by paragraph (1) with the information and data involved by an alternative means of access that allows the individual to use the information and data. “(2) Electronic and information technology standards.— “(A) In general.— Not later than 18 months after the date of enactment of the Rehabilitation Act Amendments of 1998, the Architectural and Transportation Barriers Compliance Board (referred to in this section as the ‘Access Board’), after consultation with the Secretary of Education, the Administrator of General Services, the Secretary of Commerce, the Chairman of the Federal Communications Commission, the Secretary of Defense, and the head of any other Federal department or agency that the Access Board determines to be appropriate, including consultation on relevant research findings, and after consultation with the electronic and information technology industry and appropriate public or nonprofit agencies or organizations, including organizations representing individuals with disabilities, shall issue and publish standards setting forth— “(i) for purposes of this section, a definition of electronic and information technology that is consistent with the definition of information technology specified in section 5002(3) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)); and “(ii) the technical and functional performance criteria necessary to implement the requirements set forth in paragraph (1). “(B) Review and amendment.— The Access Board shall periodically review and, as appropriate, amend the standards required under subparagraph (A) to reflect technological advances or changes in electronic and information technology. “(3) Incorporation of standards.— Not later than 6 months after the Access Board publishes the standards required under paragraph (2), the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation and each Federal department or agency shall revise the Federal procurement policies and directives under the control of the department or agency to incorporate those standards. Not later than 6 months after the Access Board revises any standards required under paragraph (2), the Council shall revise the Federal Acquisition Regulation and each appropriate Federal department or agency shall revise the procurement policies and directives, as necessary, to incorporate the revisions. “(4) Acquisition planning.— In the event that a Federal department or agency determines that compliance with the standards issued by the Access Board under paragraph (2) relating to procurement imposes an undue burden, the documentation by the department or agency supporting the procurement shall explain why compliance creates an undue burden. “(5) Exemption for national security systems.— This section shall not apply to national security systems, as that 112 STAT. 1205term is defined in section 5142 of the Clinger-Cohen Act of1996 (40 U.S.C. 1452). “(6) Construction.— “(A) Equipment.— In a case in which the Federal Government provides access to the public to information or data through electronic and information technology, nothing in this section shall be construed to require a Federal department or agency— “(i) to make equipment owned by the Federal Government available for access and use by individuals with disabilities covered by paragraph (1) at a location other than that where the electronic and information technology is provided to the public; or “(ii) to purchase equipment for access and use by individuals with disabilities covered by paragraph(1) at a location other than that where the electronic and information technology is provided to the public. “(B) Software and peripheral devices.— Except as required to comply with standards issued by the Access Board under paragraph (2), nothing in paragraph (1) requires the installation of specific accessibility-related software or the attachment of a specific accessibility-related peripheral device at a workstation of a Federal employee who is not an individual with a disability. “(b) Technical Assistance.— The Administrator of General Services and the Access Board shall provide technical assistance to individuals and Federal departments and agencies concerning the requirements of this section. “(c) Agency Evaluations.— Not later than 6 months after the date of enactment of the Rehabilitation Act Amendments of 1998, the head of each Federal department or agency shall evaluate the extent to which the electronic and information technology of the department or agency is accessible to and usable by individuals with disabilities described in subsection (a)(1), compared to the access to and use of the technology by individuals described in such subsection who are not individuals with disabilities, and submit a report containing the evaluation to the Attorney General. “(d) Reports.— “(1) Interim report.— Not later than 18 months after the date of enactment of the Rehabilitation Act Amendments of 1998, the Attorney General shall prepare and submit to the President a report containing information on and recommendations regarding the extent to which the electronic and information technology of the Federal Government is accessible to and usable by individuals with disabilities described in subsection (a)(1). “(2) Biennial reports.— Not later than 3 years after the date of enactment of the Rehabilitation Act Amendments of 1998, and every 2 years thereafter, the Attorney General shall prepare and submit to the President and Congress a report containing information on and recommendations regarding the state of Federal department and agency compliance with the requirements of this section, including actions regarding individual complaints under subsection (f). “(e) Cooperation.— Each head of a Federal department or agency (including the Access Board, the Equal Employment Opportunity Commission, and the General Services Administration) shall112 STAT. 1206 provide to the Attorney General such information as the Attorney General determines is necessary to conduct the evaluations under subsection (c) and prepare the reports under subsection (d). “(f) Enforcement.— “(1) General.— “(A) Complaints.— Effective 2 years after the date of enactment of the Rehabilitation Act Amendments of 1998, any individual with a disability may file a complaint alleging that a Federal department or agency fails to comply with subsection (a)(1) in providing electronic and information technology. “(B) Application.— This subsection shall apply only to electronic and information technology that is procured by a Federal department or agency not less than 2 years after the date of enactment of the Rehabilitation Act Amendments of 1998. “(2) Administrative complaints.— Complaints filed under paragraph (1) shall be filed with the Federal department or agency alleged to be in noncompliance. The Federal department or agency receiving the complaint shall apply the complaint procedures established to implement section 504 for resolving allegations of discrimination in a federally conducted program or activity. “(3) Civil actions.— The remedies, procedures, and rights set forth in sections 505(a)(2) and 505(b) shall be the remedies, procedures, and rights available to any individual with a disability filing a complaint under paragraph (1). “(g) Application to Other Federal Laws.— This section shall not be construed to limit any right, remedy, or procedure otherwise available under any provision of Federal law (including sections 501 through 505) that provides greater or equal protection for the rights of individuals with disabilities than this section.”. (c) Protection and Advocacy of Individual Rights.— Section509 (29 U.S.C. 794e) is amended to read as follows: “SEC. 509. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS. “(a) Purpose and Construction.— “(1) Purpose.— The purpose of this section is to support a system in each State to protect the legal and human rights of individuals with disabilities who— “(A) need services that are beyond the scope of services authorized to be provided by the client assistance program under section 112; and “(B) (i) are ineligible for protection and advocacy programs under part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.) because the individuals do not have a developmental disability, as defined in section 102 of such Act (42 U.S.C. 6002); and “(ii) are ineligible for services under the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42U.S.C. 10801 et seq.) because the individuals are not individuals with mental illness, as defined in section 102of such Act (42 U.S.C. 10802). “(2) Construction.— This section shall not be construed to require the provision of protection and advocacy services that can be provided under the Technology-Related Assistance112 STAT. 1207 for Individuals With Disabilities Act of 1988 (42 U.S.C. 2201 et seq.). “(b) Appropriations Less Than $5,500,000.— For any fiscal year in which the amount appropriated to carry out this section is less than $5,500,000, the Commissioner may make grants from such amount to eligible systems within States to plan for, develop outreach strategies for, and carry out protection and advocacy programs authorized under this section for individuals with disabilities who meet the requirements of subparagraphs (A) and (B) of subsection (a)(1). “(c) Appropriations of $5,500,000 or More.— “(1) Reservations.—— “(A) Technical assistance.— For any fiscal year in which the amount appropriated to carry out this section equals or exceeds $5,500,000, the Commissioner shall set aside not less than 1.8 percent and not more than 2.2 percent of the amount to provide training and technical assistance to the systems established under this section. “(B) Grant for the eligible system serving the american indian consortium.— For any fiscal year in which the amount appropriated to carry out this section equals or exceeds $10,500,000, the Commissioner shall reserve a portion, and use the portion to make a grant for the eligible system serving the American Indian consortium. The Commission shall make the grant in an amount of not less than $50,000 for the fiscal year. “(2) Allotments.— For any such fiscal year, after the reservations required by paragraph (1) have been made, the Commissioner shall make allotments from the remainder of such amount in accordance with paragraph (3) to eligible systems within States to enable such systems to carry out protection and advocacy programs authorized under this section for individuals referred to in subsection (b). “(3) Systems within states.— “(A) Population basis.— Except as provided in subparagraph (B), from such remainder for each such fiscal year, the Commissioner shall make an allotment to the eligible system within a State of an amount bearing the same ratio to such remainder as the population of the State bears to the population of all States. “(B) Minimums.— Subject to the availability of appropriations to carry out this section, and except as provided in paragraph (4), the allotment to any system under subparagraph (A) shall be not less than $100,000 or ⅓ of 1 percent of the remainder for the fiscal year for which the allotment is made, whichever is greater, and the allotment to any system under this section for any fiscal year that is less than $100,000 or 1/3 of 1 percent of such remainder shall be increased to the greater of the two amounts. “(4) Systems within other jurisdictions.— “(A) In general.— For the purposes of paragraph (3)(B), Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall not be considered to be States. “(B) Allotment.— The eligible system within a jurisdiction described in subparagraph (A) shall be allotted112 STAT. 1208 under paragraph (3)(A) not less than $50,000 for the fiscal year for which the allotment is made. “(5) Adjustment for inflation.— For any fiscal year, beginning in fiscal year 1999, in which the total amount appropriated to carry out this section exceeds the total amount appropriated to carry out this section for the preceding fiscal year, the Commissioner shall increase each of the minimum grants or allotments under paragraphs (1)(B), (3)(B), and (4)(B) by a percentage that shall not exceed the percentage increase in the total amount appropriated to carry out this section between the preceding fiscal year and the fiscal year involved. “(d) Proportional Reduction.— To provide minimum allotments to systems within States (as increased under subsection (c)(5)) under subsection (c)(3)(B), or to provide minimum allotments to systems within States (as increased under subsection (c)(5)) under subsection (c)(4)(B), the Commissioner shall proportionately reduce the allotments of the remaining systems within States under subsection (c)(3), with such adjustments as may be necessary to prevent the allotment of any such remaining system within a State from being reduced to less than the minimum allotment for a system within a State (as increased under subsection (c)(5)) under subsection (c)(3)(B), or the minimum allotment for a State (as increased under subsection (c)(5)) under subsection (c)(4)(B), as appropriate. “(e) Reallotment.— Whenever the Commissioner determines that any amount of an allotment to a system within a State for any fiscal year described in subsection (c)(1) will not be expended by such system in carrying out the provisions of this section, the Commissioner shall make such amount available for carrying out the provisions of this section to one or more of the systems that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a system for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the system (as determined under the preceding provisions of this section) for such year. “(f) Application.— In order to receive assistance under this section, an eligible system shall submit an application to the Commissioner, at such time, in such form and manner, and containing such information and assurances as the Commissioner determines necessary to meet the requirements of this section, including assurances that the eligible system will— “(1) have in effect a system to protect and advocate the rights of individuals with disabilities; “(2) have the same general authorities, including access to records and program income, as are set forth in part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.); “(3) have the authority to pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of such individuals within the State or the American Indian consortium who are individuals described in subsection (a)(1); “(4) provide information on and make referrals to programs and services addressing the needs of individuals with disabilities in the State or the American Indian consortium; 112 STAT. 1209 “(5) develop a statement of objectives and priorities on an annual basis, and provide to the public, including individuals with disabilities and, as appropriate, the individuals’ representatives, an opportunity to comment on the objectives and priorities established by, and activities of, the system including— “(A) the objectives and priorities for the activities of the system for each year and the rationale for the establishment of such objectives and priorities; and “(B) the coordination of programs provided through the system under this section with the advocacy programs of the client assistance program under section 112, the State long-term care ombudsman program established under the Older Americans Act of 1965 (42 U.S.C. 3001et seq.), the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.), and the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42U.S.C. 10801 et seq.); “(6) establish a grievance procedure for clients or prospective clients of the system to ensure that individuals with disabilities are afforded equal opportunity to access the services of the system; and “(7) provide assurances to the Commissioner that funds made available under this section will be used to supplement and not supplant the non-Federal funds that would otherwise be made available for the purpose for which Federal funds are provided. “(g) Carryover and Direct Payment.— “(1) Direct payment.— Notwithstanding any other provision of law, the Commissioner shall pay directly to any system that complies with the provisions of this section, the amount of the allotment of the State or the grant for the eligible system that serves the American Indian consortium involved under this section, unless the State or American Indian consortium provides otherwise. “(2) Carryover.— Any amount paid to an eligible system that serves a State or American Indian consortium for a fiscal year that remains unobligated at the end of such year shall remain available to such system that serves the State or American Indian consortium for obligation during the next fiscal year for the purposes for which such amount was paid. “(h) Limitation on Disclosure Requirements.— For purposes of any audit, report, or evaluation of the performance of the program established under this section, the Commissioner shall not require such a program to disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance under such program. “(i) Administrative Cost.— In any State in which an eligible system is located within a State agency, a State may use a portion of any allotment under subsection (c) for the cost of the administration of the system required by this section. Such portion may not exceed 5 percent of the allotment. “(j) Delegation.— The Commissioner may delegate the administration of this program to the Commissioner of the Administration on Developmental Disabilities within the Department of Health and Human Services. “(k) Report.— The Commissioner shall annually prepare and submit to the Committee on Education and the Workforce of the112 STAT. 1210 House of Representatives and the Committee on Labor and Human Resources of the Senate a report describing the types of services and activities being undertaken by programs funded under this section, the total number of individuals served under this section, the types of disabilities represented by such individuals, and the types of issues being addressed on behalf of such individuals. “(l) Authorization of Appropriations.— There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 1999 through 2003. “(m) Definitions.— As used in this section: “(1) Eligible system— The term ‘eligible system’ means a protection and advocacy system that is established under part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.) and that meets the requirements of subsection (f). “(2) American Indian consortium.— The term ‘American Indian consortium’ means a consortium established as described in section 142 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042).”.